Drunk driver who caused deaths of 2 may avoid prison
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Inset: Joshua Frye (Audrain County Jail). Background: The stretch of road where Frye caused a fatal crash in Mexico, Mo. (Google Maps).

A Missouri man has been handed a relatively lenient sentence with conditions after pleading guilty to charges related to a fatal drunk driving incident that claimed two lives over the summer.

Joshua Frye, 24, admitted guilt to charges of driving while intoxicated (DWI) resulting in the death of two or more individuals, reckless driving, and causing serious injury while intoxicated. These charges were confirmed by the Audrain County Prosecuting Attorney’s Office on Monday.

The tragic event took place on July 12, when Frye was driving under the influence and on the wrong side of South Clark Street in Mexico, Missouri—a small town approximately 40 miles northwest of Columbia. This information was detailed in court documents reviewed by Law&Crime.

Prosecutors described the DWI-related offenses as acts of “criminal negligence,” according to a heavily redacted criminal information document released in mid-October. The document further characterized Frye’s actions leading up to the crash as “careless and imprudent.”

This formal charging document, which was prepared without the input of a grand jury, states that Frye was traveling “at a speed too fast for conditions,” left his driving lane, and collided with an oncoming vehicle, thereby endangering lives.

As a result of his actions, Frye caused a head-on collision by veering into the wrong lane and crashing into another car, resulting in the tragic loss of life.

While the charging document describes the victims as “confidential,” previous reporting by Columbia-based ABC affiliate KMIZ identified the victims as Kristian Pritchett, 22, and Austin Terry, 27.

Pritchett and Terry were Frye’s passengers in the southbound Kia Soul, which collided with a northbound Chrysler of unknown model. A third person, Elliot Kitson, 29, was injured but survived, according to a press release issued by the Mexico Department of Public Safety.

Details of the crash were revealed in a probable cause statement obtained by Carrollton-based radio station KMZU.

The driver of the Chrysler said the Soul lost control on a slight curve and ran straight into his own car just before 6:30 a.m. that day, police said. In the immediate aftermath of the crash, Frye smelled strongly of alcohol and admitted to drinking before driving. Law enforcement also recovered multiple alcoholic beverages from inside the Soul.

On Monday, Audrain County Prosecutor Jacob Shellabarger announced the defendant was sentenced to 15 years on the vehicular homicide charge, seven years on the lesser DWI charge, and one year on the reckless driving charge. The prosecutor indicated those sentences would be served concurrently – or, at the same time. But those sentences will, in fact, be suspended – at least for now.

First, Frye will be allowed to complete a 120-day treatment program in the Department of Corrections; he has been in custody since recuperating from his own severe injuries after the crash. Then, pending the results of that treatment program, the defendant might find himself on five years of probation in lieu of prison.

Shellabarger, in a press release, said the victims’ families opposed the plea deal.

“The victims’ families spoke at sentencing, indicating they wanted Frye to face the maximum possible punishment, that they would never see their family members again, and that it was unjust that Frye would get to walk free again,” the prosecutor said. “Those family members opposed the plea agreement, wanting Joshua Frye to serve prison time without the treatment program or possibility of probation.”

The prosecutor noted the defendant lacked a criminal history prior to the incident when defending the conditional plea deal.

“Joshua Frye’s decision to drive recklessly, while intoxicated on both drugs and alcohol, caused the death of two people, taking their lives, and changed the life of another through serious physical injury,” Shellabarger said. “Austin Terry and Kristian Pritchett should not have died,” the prosecutor went on. “Joshua Frye is solely responsible for their deaths, and will face the maximum possible punishment if he is not successful in the Department of Corrections drug and alcohol treatment program and complete the strict, restrictive and appropriate terms of probation, if he is to be released…Accountability comes in many forms, and this sentence sends a strong message that driving under the influence of drugs and alcohol, and driving recklessly, have devastating consequences.”

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